Ad description

Two social media posts, for the Ultimate Body Applicator, a body wrap that purported to slim users:

a. The first post featured an image of the product, beside which text stated "I HAVE A PRODUCT THAT LOOKS LIKE THIS". Further text stated "AND DOES THIS!". Beside that text were three photographs of an exposed torso that were labelled "BEFORE", "AFTER 2 APPLICATIONS", and "AFTER 7 APPLICATIONS". The images showed apparent weight loss.  

b. The second post featured text that stated "Do you want to lose a dress size or 2 in as little as 45 mins?  Then pm me for more information ... ". The ad featured two photographs of an exposed torso that showed apparent weight loss.

Issue

The complainant challenged whether the efficacy claims were misleading and could be substantiated.

Response

Debbie's Wraps did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by Debbie's Wraps's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.

We noted the ads included photographs of apparent weight loss achieved by using the advertised product. We also noted ad (b) featured text that stated "Do you want to lose a dress size or 2 in as little as 45 mins?".  In that context, we considered consumers would understand the ads meant that the advertised product could achieve weight loss. Because we had seen no evidence to substantiate the efficacy claims made for the advertised product, we concluded that those claims had not been substantiated and therefore breached the Code.

The ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation),  3.47 3.47 Claims that are likely to be interpreted as factual and appear in a testimonial must not mislead or be likely to mislead the consumer.  (Endorsements and Testimonials) and  13.1 13.1 A weight-reduction regime in which the intake of energy is lower than its output is the most common self-treatment for achieving weight reduction. Any claim made for the effectiveness or action of a weight-reduction method or product must be backed, if applicable, by rigorous trials on people; testimonials that are not supported by trials do not constitute substantiation.  and 13.4 (Weight control and slimming).

Action

The ads must not appear again in their current form. We told Debbie's Wraps to ensure efficacy claims made for the advertised product were capable of robust substantiation in future.

CAP Code (Edition 12)

13.1     3.1     3.47     3.7    


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